---
kind: "section"
citation: "2 C.F.R. § 180.25"
title: "2"
number: "180.25"
heading: "What must a Federal agency address in its implementation of the guidance?"
url: "https://uscodex.org/cfr/2/180.25"
---

# §180.25. What must a Federal agency address in its implementation of the guidance?


Each Federal agency's implementing regulation:

- (a) Must establish policies and procedures for that Federal agency's nonprocurement debarment and suspension programs and activities consistent with this guidance. When adopted by a Federal agency, the provisions of the guidance have a regulatory effect on that Federal agency's programs and activities.
- (b) **Must address some matters for which these guidelines give each Federal agency some discretion.** Specifically, the regulation must:
  - (1) Identify either the Federal agency head or the title of the designated official who is authorized to grant exceptions under [§ 180.135](/cfr/2/180.135.md) to let an excluded person participate in a covered transaction.
  - (2) State whether the Federal agency includes as covered transactions an additional tier of contracts awarded under covered nonprocurement transactions, as permitted under [§ 180.220(c)](/cfr/2/180.220.md?p=c).
  - (3) Identify the method(s) a Federal agency official may use when entering into a covered transaction with a primary tier participant to communicate to the participant the requirements described in [§ 180.435](/cfr/2/180.435.md). Examples of methods are an award term that requires compliance as a condition of the award, an assurance of compliance obtained at the time of application, or a certification.
  - (4) State whether the Federal agency specifies a particular method that participants must use to communicate compliance requirements to lower tier participants, as described in [§ 180.330(a)](/cfr/2/180.330.md?p=a). If there is a specified method, the regulation must require Federal agency officials to communicate that requirement when entering into covered transactions with primary tier participants.
- (c) **May also, at the Federal agency's option—**
  - (1) Identify any specific types of transactions the Federal agency includes as “nonprocurement transactions” in addition to the examples provided in [§ 180.970](/cfr/2/180.970.md).
  - (2) Identify any types of nonprocurement transactions that the Federal agency exempts from coverage under these guidelines, as authorized under [§ 180.215(g)(2)](/cfr/2/180.215.md?p=g-2).
  - (3) Identify specific examples of types of individuals who would be “principals” under the Federal agency's nonprocurement programs and transactions, in addition to the types of individuals described in [§ 180.995](/cfr/2/180.995.md).
  - (4) Specify the Federal agency's procedures, if any, by which a respondent may appeal a suspension or debarment decision.
  - (5) Identify by title the officials designated by the Federal agency head as debarring officials under [§ 180.930](/cfr/2/180.930.md) or suspending officials under [§ 180.1010](/cfr/2/180.1010.md).
  - (6) Include a subpart covering disqualifications, as authorized in [§ 180.45](/cfr/2/180.45.md).
  - (7) **Include any provisions authorized by OMB.**

## Notes

### Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6102; 31 U.S.C. 6307; Pub. L. 103-355; Pub. L. 109-282; Pub. L. 110-252; Pub. L. 111-84; Pub. L. 113-101Pub. L. 115-232; Pub. L. 117-40; E.O. 12549; E.O. 12689.

### Source

Source: 89 FR 30115, Apr. 22, 2024, unless otherwise noted.